IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 16^TH DAY OF AUGUST 2024 / 25TH SRAVANA, 1946 OP (DRT) NO. 259 OF 2024 AGAINST THE JUDGMENT DATED IN SA NO.1364 OF 2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER/APPLICANT:

MUHAMMED SHANAVAS.E.

AGED 50 YEARS S/O.MUHAMMED, RESIDING AT EDAPPATTA HOUSE, KALIKAVU JUNCTION , KALIKAVU.P.O., MALAPPURAM DISTRICT, PIN - 676525 BY ADVS.

U.K.DEVIDAS S.K.SREELAKSHMY RESPONDENT/DEFENDANT:

AUTORISED OFFICER THE NILABUR CO-OPERAIVE URBAN BANK LTD., HEAD OFFICE, NILAMBUR.P.O., MALAPPURAM DISTRICT, PIN - 679331 THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 16.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The present Original Petition has been filed for the following prayers:

“i.a direction to the Debt Recovery Tribunal-1, Ernakulam for consider Ext.P2 Securitisation Application & Ext.P2 Stay petition and pass appropriate orders.

ii.a direction to the respondent to kept abeyance further proceeding pursuant to Ext.P1 possession notice dated 10.07.2024 issued by the Advocate Commissioner under the SARFAESI Act.

iii.such other relief’s as this Hon’ble Court deems fit to grant in the nature of this case.”

2. The learned counsel for the petitioner submits that the petitioner has approached the Debt Recovery Tribunal-I, Ernakulam against the possession notice. This Court cannot exercise the parallel jurisdiction. Therefore, the Original Petition is dismissed leaving it open to the petitioner to pursue his remedy before the Debt Recovery Tribunal.

Sd/- DINESH KUMAR SINGH JUDGE lsn APPENDIX OF OP (DRT) 259/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INSPECTION NOTICE DATED 10.07.2024 BY THE ADVOCATE COMMISSIONER IN CMP. 2300/2024 IN MC

541/2024 ON THE FILE OF CHIEF JUDICIAL MAJISTRATE COURT, MANJERI Exhibit P2 TRUE COPY OF THE MEMORANDUM OF SECURITISATION APPLICATION DATED

12.08.2024 WITHOUT ANNEXURES Exhibit P3 TRUE COPY OF THE PETITION FOR STAY IN SECURITISATION APPLICATION DATED

12.08.2024 WITHOUT ANNEXURES Exhibit P4 . TRUE COPY OF THE RECEIPT DATED

12.08.2024 IN DAIRY NO.1364 IN S.A. OF

2024 Exhibit P5 TRUE COPY OF THE RECEIPT DATED

12.08.2024 IN DAIRY NO.3168 IN I.A. OF

2024 IN S.A. OF 2004 RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE LSN